Legal Question in Wills and Trusts in Canada
Property holdings
If a husband dies and leaves his estate to his sister
instead of his wife(who is still alive), does the sister become half owner
of the house? If yes, Is the sister responsible for half the bills on the house,property taxes etc..?
Or does the property become the wifes asset alone?.
1 Answer from Attorneys
Re: Property holdings
As a spouse, you would have a right to claim a half interest in the whole estate of your deceased husband. Depending on the situation, this may be worth pursuing in a court. With respect to the house, if it was your matrimonial home and you were joint owners (both your names were on title) then you become the owner of the entire home once your husband passes. You will need to register the death certificate on title of the home to ensure that it passes into your name only. If you were 'tenants in common' with your husband, then the beneficiary (his sister) may now own half and is under an obligation for half the expenses.
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